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An analysis on the legal nature of the spectrum-using-right and the effective spectrum management system
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주파수이용권의 성질과 효율적 전파관리제도

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Type
Academic journal
Author
Song si-kang (홍익대학교)
Journal
Korea Administrative Law And Practice Association ADMINISTRATIVE LAW JOURNAL No.28 KCI Accredited Journals
Published
2010.12
Pages
1 - 25 (25page)

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An analysis on the legal nature of the spectrum-using-right and the effective spectrum management system
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Abstract· Keywords

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This article focuses on re-construction of civil use relations to the spectrum, by utilizing the conception of 'public property'-the translation of german 'offentliche Sache' or french 'domaine public'-in perspectives of the administrative law.
The spectrum-using-right originally belongs to the State as a public property. The Spectrum allocation is the license, permitting private uses of the spectrum-using-right. The licensee's legal status differs according to whether or not he paid a heavy sum of money for the spectrum-allocation-levy. The exclusivity of the private spectrum-using-right, stipulated in the §14 of the Spectrum Management Act, takes effect only when the spectrum-allocation-levy is imposed.
This conclusion cannot be explained by traditional property right theory. It would be justified only by understanding the licensee's property right as 'regulated interests', which is based on the doctrine of estoppel.
This article analyzes korean spectrum management systems, as above mentioned, by defining the spectrum allocation as the license that permits private uses of public properties and the licensee's. property right as regulated interests that have origins in the doctrine of estoppel. This is a brief outline of the analysis, and more details will be added on the next study.
#주파수 #주파수할당 #공물 #특허 #주파수이용권 #spectrum #spectrum allocation #public property #license #spectrum-using-right

Contents

Ⅰ. 현행 전파관리제도의 개요
Ⅱ. 주파수 및 그 이용관계의 법적 성격
Ⅲ. 주파수이용권의 효력
Ⅳ. 주파수이용권에 관한 주요 쟁점
Ⅴ. 결론
참고문헌
〈Abstract〉

References (27)

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1. [단행본] - 김도창 / 1993 / 일반행정법론(하). in: 신고 제4전정판 / 청운사 google schola 2. [단행본] - 김철용 / 2010 / 행정법 II, 제10판 / 박영사 google schola 3. [단행본] - 박정훈 / 2005 / 행정법의 체계와 방법론[행정법연구 I] / 박영사 google schola 5. [단행본] - 송시강 / 2007 / 행정소송의 원고적격에 관한 연구 / 홍익대학교출판부 google schola 6. [학술지(정기간행물)] - 이원우 / 2005 / 허가·특허·예외적 승인의 법적 성질 및 구별 / 행정작용법(중범 김동희 교수 정년기념논문집) google schola

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